HOW ARE OUR PRODUCTS LEGAL?
Alternate cannabinoids are federally legal under the 2018 Farm Bill, provided the product is
derived from hemp and contains less than 0.3% Δ9-THC. Always check your
local laws and regulations regarding any hemp product, as they may differ
from federal law.
“SEC. 297A. DEFINITIONS.
“In this subtitle:
“(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
DEA's STANCE ON THC CANNABINOIDS
In an update video posted by Lukas Gilkey, CEO of Hometown Hero and Plaintiff in the current injunction
filed against the state of Texas, the DEA directly states its view on Delta 8 legality, saying that the
compound, in their perspective, is entirely legal as per the 2018 Farm Bill.
The DEA Liaison states:
"I'll be very deliberate and clear: at this time - I repeat again - at this time, per the Farm Bill, the
only thing that is a Controlled Substance is Delta-9 THC greater than 0.3% based on a dry-weight
basis." (This is in agreement with the DEA, USDA, and FDA.)
Additionally, the DEA sent a letter to the Executive Secretary of the Alabama Board of Pharmacy
responding to questions about the control status of Delta 8 THC, stating that in the case of synthetic
cannabinoids, Delta 8 is not considered a synthetic cannabinoid, as it is derived from naturally occurring
cannabinoids contained in the hemp plant.
They state: "tetrahydrocannabinol in or derived from the cannabis plant - not synthetic
tetrahydrocannabinol - is subject to being excluded from a control as a "tetrahydrocannabinol in hemp."
This is great news for the fight for Delta 8, as states can no longer argue that the Federal Government
considers Delta 8 a Controlled Substance. It confirms that the DEA did not intend to make these
cannabinoids illegal.
While this announcement does not change the fact that States still have the ability to alter what is
included in that State's Controlled Substances List, legislators can no longer claim that Delta 8 is
considered an illegal controlled substance by the Federal Government, or suggest that the wording of the
2018 Farm Bill intended to make all THC isomers illegal.